Unfair and unauthorised renewal of 'contract' for 12 months

[notmyname123]

I signed up to an emergency home repair company over 2 years ago, on a monthly plan.
No correspondence since, other than monthly invoices.

This month, I noticed a slight increase in my direct debit payments.
When I queried this, it came to light that they had 'renewed my contract' - and I was locked in for 12 months, at the higher rate.
I asked to cancel, but was told it was fixed for the remaining term.
Since I pay by direct debit, I said I could just cancel that - but the "customer success manager" said it would affect my credit rating, and they would just pass it on to a debt collection agency.

To summarize:

- I signed up in 2019 - monthly plan
- Never had any 'renewal' documents from them, certainly never accepted any new terms
- Their "my account" portal shows nothing, no terms or conditions, no contract, nothing. Just my invoices.

Clearly, they're relying on inertia to trap people.
They're not regulated by the FCA.

What's my best course of action here?

[echat11]

Hi NOTMY

The standards for 'Auto Renewals' are stated by the Competitions Markets Authority (CMA). What the merchant should send is a reminder with the new terms and how to cancel the monthly plan. It sounds like they haven't done that which means that the terms are 'unfair' under the Consumer Rights Act 2015.

https://assets.publishing.service.go...scriptions.pdf

Amend and send the following template, make sure you get Proof of Postage -

ttps://www.which.co.uk/consumer-rights/letter/letter-challenging-a-company-s-unfair-contract-terms-ax9MJ6q9oCb2

[notmyname123]

Thanks for your reply.
They are claiming they sent me an email in September (I never received it)

They then 'forwarded' me the email yesterday, and right at the bottom of it, it says:

> Please note: Some customers may have previously taken advantage of our rolling monthly contract which is no longer a feature we offer. Upon renewal, all service agreements will be a 12 month contractual period. To review our terms & condition please click here

Very sneaky.

This is what they're saying I have agreed to.
However,
1) email wasn't received
2) they could (should?) have text me - they did about my boiler service appointment, so I'm not sure why they didn't about this (nb. I know exactly why they didn't text me)

[echat11]

Thanks for your reply.
They are claiming they sent me an email in September (I never received it)

They then 'forwarded' me the email yesterday, and right at the bottom of it, it says:

> Please note: Some customers may have previously taken advantage of our rolling monthly contract which is no longer a feature we offer. Upon renewal, all service agreements will be a 12 month contractual period. To review our terms & condition please click here

Very sneaky.

This is what they're saying I have agreed to.
However,
1) email wasn't received
2) they could (should?) have text me - they did about my boiler service appointment, so I'm not sure why they didn't about this (nb. I know exactly why they didn't text me)

Contact your email service provider, ask them to provide all the emails you've received from that 'company'. If they won't, send them a SAR request. Send the 'company' a SAR request, they have 30 days to provide you with all the Data on the account. Make the SAR general, you don't want them to 'cotton' on that you want communications information. Make sure you get Proof of Postage. Hold off sending the template.

https://legalbeagles.info/library/gu...ccess-request/

[notmyname123]

Thanks, I will send the SAR now.

[notmyname123]

Interestingly, they've come back and offered me an exit:

You initially started paying £23.80 per month back in 2019 which has now risen to £26.18 two years later.
I appreciate it's still an increase but I don't feel it is excessive.
(I note - this price is not reflected for new customers)


We value your custom and would really like you to stay with us.
Here are the best options I can offer:

If you are happy to stay with us then, as a goodwill gesture, I will lower your premium back to the price you were paying back in 2019 of £23.80 per month.

If, however you do wish to cancel then I will discount the remaining 10 months by 50%. This will mean an outstanding sum to pay of £130.90 instead of £261.80. This would obviously leave you without any cover with immediate effect.

They're offering me to pay off 50%
I'm still bitter as I literally have not accepted any contract - am I better paying this and forgetting about it?

[echat11]

Interestingly, they've come back and offered me an exit:



They're offering me to pay off 50%
I'm still bitter as I literally have not accepted any contract - am I better paying this and forgetting about it?

I can't decide for you, but they know their practices are 'dubious', apply a bit more pressure the SAR and template. Then reassess the situation.